Nirbhay Foundation Through Manoj ... vs Nashik Municipal Corporation And ...
2013 Latest Caselaw 102 Bom

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           IN THE HIGH COURT OF JUDICATURE AT BOMBAY




                                                                          
                   CIVIL APPELLATE JURISDICTION




                                                  
              PUBLIC INTEREST LITIGATION NO.5 OF 2013




                                                 
     Nirbhay Foundation through Manoj S. Pingle                     Petitioner
                versus
     Nashik Municipal Corporation and others                        Respondents

     Ms.Indrayani M. Koparkar for Petitioner.




                                     
     Mr.R.S.Apte, Sr.Advocate with Mr.Vaibhav                P.    Patankar       for
     Respondent no.1. 
     Mr.Jaydeep Deo, AGP for Respondent no.2.
     Mr.N.R.Prajapati for Respondent no.3.
                     
                        CORAM : DR.D.Y.CHANDRACHUD AND
                                M.S.SONAK, JJ.

DATE : 25 October 2013

JUDGMENT - (PER DR.D.Y.CHANDRACHUD, J.) :

1. Admit. Learned counsel for the Respondents waive service. The appeal is taken up for hearing and final disposal, by consent and on the request of the learned counsel.

2. The grievance in the petition which has been filed in public interest, pertains to the execution of a central government assisted scheme called "Provision of Basic Services to the Urban Poor and Housing for the Urban Poor" under Jawaharlal Nehru National Urban Renewal Mission (`JNNURM'). The petition pertains to Nashik

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Municipal Corporation. The petition seeks compliance of the contract

which has been awarded for the construction of houses under the scheme and seeks an account of the money spent and action taken

against those officers responsible for the delay in completing the project.

3. By the order of this Court dated 23 August 2013, the Nashik Municipal Corporation was called upon to file its reply setting out a proper account of the monies which have been received from the

Central Government for the construction of houses under JNNURM

and of the monies which have been expended. An explanation was also called as to how many houses have been constructed and if so of

how many houses possession has been given. An affidavit-in-reply has been filed by the City Engineer of the Municipal Corporation. Though the Court had directed the Municipal Commissioner to file

his affidavit, the affidavit has been filed by the City Engineer. Having

regard to the comprehensive nature of the affidavit filed, we are not inclined to pursue that aspect of the matter any further.

4. The scheme envisages integrated development of basic services to the urban poor in the cities covered under the JNNURM, insofar as the State of Maharashtra is concerned, in Greater Mumbai, Nashik,

Pune, Nagpur and Nanded. The affidavit explains that following a tender process the Corporation had appointed a consultant for preparing a detailed project report and executed an agreement on 8 December 2006. The project report was duly approved by the Municipal Corporation and by the State Government. Thereafter

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certain sites have been selected for implementing the scheme within

the local jurisdiction of Nashik Municipal Corporation. A total of 11,200 dwelling units are to be constructed within Nashik Municipal

Corporation area. At present, the construction of 4,908 units has been completed. 2,060 units are ready for occupation. The contribution of the Union Government in the construction of units is 50% while the

share of the State Government and of the Municipal Corporation is 30% and 20% respectively. As regards basic services, the share between the Union Government, the State Government and urban

local body is 50%, 25% and 25% respectively. At the state level,

there is a state level nodal agency which monitors the physical progress. Besides there is also a third party inspection and monitoring

agency. The utilization certificate submitted by the urban local body is placed before the central sanctioning and monitoring committee of the Union Government.

5. Though initially it was envisaged that 16,000 dwelling units will be constructed in Nashik, the availability of land not being

commensurate, the proposal was scaled down to 11,200 units. It was communicated to and sanctioned by the Central Committee on 19 July 2012. The scheme has now been restricted to those land pockets which are in possession of the Municipal Corporation. This was

considered in the 133rd meeting of the Central Committee. As regards the delay in the completion of the work, it has been stated that among the problems which were faced, was the fierce opposition of the local residents. Time for completion of the scheme has now been extended until 31 March 2015. As a result of the reduction in the number of

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units to 11,200, the total project cost is Rs.248.44 crores including the

share of the Municipal Corporation. The Municipal Corporation has received Rs.119.97 crores. Upon inviting tenders, the Corporation is

bearing an additional cost of Rs.101.56 crores. It has been stated that both the Central and the State monitoring committees are duly monitoring the work under the scheme. The Court has been informed

that in regard to 2,060 dwelling units which are ready for possession, the beneficiaries would be placed in possession within the next three months. Hence, the Court has been assured that possession would be

handed over before the end of January-2014 to the beneficiaries of

2,060 dwelling units. We would also expect that due and diligent steps should be taken for the construction of the remaining houses

under the scheme within the time as extended.

6. Having regard to the factual background we do not consider it

necessary to entertain the petition which is filed in public interest any

further. We accept the assurance which has been furnished to the Court as referred above. Since the Central and the State committees

are monitoring the progress of the work and the utilization of funds, no further directions are necessary from this court, save and except to observe that both the monitoring committees shall take due and necessary steps to ensure the proper utilization of funds. The

committees shall ensure that proper account of the monies which have been received and expended is submitted. The Court has also been informed that an audit has been conducted by the office of the Accountant General.

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7. In view of the above, the petition is accordingly disposed of. There shall be no order as to costs.

(DR.D.Y.CHANDRACHUD, J.)

(M.S.SONAK, J.) MST